under this act; but such evidence shall not be conclusive, and may be rebutted by evidence that such land warrant was improperly granted. SEC. 4. That all applications for pensions of the classes provided for in this act heretofore or which may hereafter be made shall be considered and decided as though made under this act; and all laws now in force in regard to the manner of paying pensions, and in reference to the punishment of frauds, shall be applicable to all claims under the provisions of this act. SEC. 5. That the Secretary of the Interior be, and he is hereby, authorized and directed to restore to the pension rolls the names of all persons now surviving heretofore pensioned on account of service in the war of eighteen hundred and twelve against Great Britain, or for service in any of the Indian wars, and whose names were stricken from the rolls in pursuance of the act entitled "An act authorizing the Secretary of the Interior to strike from the pension rolls the names of such persons as have taken up arms against the Government, or who have in any manner encouraged the rebels," approved February fourth, eighteen hundred and sixty-two; and that the joint resolution entitled "Joint resolution prohibiting payment by any officer of the Government to any person not known to have been opposed to the rebellion and in favor of its suppression," approved March second, eighteen hundred and sixty-seven, and section forty-seven hundred and sixteen of the Revised Statutes of the United States, shall not apply to the persons provided for by this act: Provided, That no money shall be paid to anyone on account of pensions for the time during which his name remained stricken from the rolls. SEC. 6. That the surviving widow of any pensioner of the war of eighteen hundred and twelve where the name of said pensioner was stricken from the pension rolls in pursuance of the act entitled "An act authorizing the Secretary of the Interior to strike from the pension rolls the names of such persons as have taken up arms against the Government, or who have in any manner encouraged the rebels," approved February fourth, eighteen hundred and sixty-two, and where, under the existing provisions of law, said pensioner died without his name being restored to the rolls, shall be entitled to make claim for a pension as such widow after the passage of this act: Provided, That no such arrearages shall be paid for any period prior to the time of the removal of the disability of the pensioner, as provided in section five: And provided further, That under this act any widow of a Revolution- Widows of Revolutionary solary soldier who served for fourteen days or was in any engage- diers. ment shall be placed upon the pension rolls of the United States, and receive a pension at the rate of eight dollars per month. SEC. 7. That all laws and clauses of laws in conflict with this act be, and they are hereby, repealed. Note. The "War with Great Britain of eighteen hundred and twelve" mentioned in the act of February 14, 1871 (Vol. 16, p. 411), sec. 4736, R. S., and Act of March 9, 1878, includes the period between June 18, 1812, the date of the declaration of war and February 17, 1815, the date of the treaty of peace. after February 17, 1815, was not rendered in that war. Sams, 5 P. D., old series 133; Digest of 1897, p. 497.) Service Section. CHAPTER V. WAR WITH MEXICO; SERVICE PENSIONS. 1. Service pensions; survivors and widows. 2. Rates of certain soldiers of Mexican War increased from $8 to $12 per month. 3. Survivors' rates increased, if disabled and destitute. Act Jan. 29, 371. Section. 4. Survivors' rates increased to $12. 7. Gray's Battalion. 8. Widows' rate. $30, War of 1812 and War with Mexico. Note. The war with Mexico began April 24, 1846, and ended May 30, 1848. (Thomas Daly, 2 P. D. 220; Instructions to the commissioner, 7 P. D. 240.) Section 1. Service pensions; survivors and widows. That the 1887, Vol. 24, P. Secretary of the Interior be, and he is hereby, authorized and directed to place on the pension roll the names of the surviving officers and enlisted men, including marines, militia, and volunteers, of the military and naval services of the United States, who being duly enlisted, actually served sixty days with the Army or Navy of the United States in Mexico, or on the coasts or frontier thereof or en route thereto, in the war with that nation, or were actually engaged in a battle in said war, and were honorably discharged, and to such other officers and soldiers and sailors as may have been personally named in any resolution of Congress for any specific service in said war, and the surviving widows of such officers and enlisted men: Provided, That such widows have not remarried: Provided, That every such officer, enlisted man, or widow who is or may become sixty-two years of age, or who is or may become subject to any disability or dependency equivalent to some cause prescribed or recognized by the pension laws of the United States as a sufficient reason for the allowance of a pension, shall be entitled to the benefits of this act; but it shall not be held to include any person not within the rule of age or disability or dependence herein defined, or who incurred such disability while in any manner voluntarily engaged in or aiding or abetting the late rebellion against the authority of the United States. Rate. SEC. 2. That pensions under section one of this act shall be at the rate of eight dollars per month and payable only from and after the passage of this act, for and during the natural lives of the persons entitled thereto, or during the continuance of the disability for which the same shall be granted: Provided, That section one of this act shall not apply to any person who is receiving a pension at the rate of eight dollars per month or more, nor to any person receiving a pension of less than eight dollars per month, except for the difference between the pension now received (if less than eight dollars per month) and eight dollars per month. Note.-Rate of pension to widows increased to $12 per month by sec. 1, act Apr. 19, 1908 (35 Stat. L., 64, c. 147); to $20 by act Sept. 8, 1916; to $30 by act May 1, 1920. Rate of survivors increased by act Jan. 5, 1893, act Apr. 23, 1900, and act Mar. 3, 1903. See also act Feb. 6, 1907. Increased to $50 by act May 1, 1920, and to $72 if blind or helpless. SEC. 3. That before the name of any person shall be placed on the pension roll under this act, proof shall be made, under such rules and regulations as the Secretary of the Interior may prescribe, of the right of the applicant to a pension; and any person who shall falsely and corruptly take any oath required under this act shall be deemed guilty of perjury; and the Secretary of the Interior shall cause to be stricken from the pension roll the name of any person whenever it shall be made to appear by proof satisfactory to him that such name was put upon such roll through false and fraudulent representations, and that such person is not entitled to a pension under this act. The loss of the certificate of discharge shall not deprive any person of the benefits of this act, but other record evidence of enlistment and service and of an honorable discharge may be deemed sufficient: Provided, That when any person has been granted a land warrant, under any act ice. of Congress, for and on account of service in the said war with Mexico, such grant shall be prima facie evidence of his service and honorable discharge; but such evidence shall not be conclusive, and may be rebutted by evidence that such land warrant was improperly granted. SEC. 4. That the pension laws now in force which are not inconsistent or in conflict with this act are hereby made a part of this act, so far as they may be applicable thereto. SEC. 5. That section forty-seven hundred and sixteen of the Revised Statutes is hereby repealed so far as the same relates to this act or to pensioners under this act. Land warrant evidence of serv SEC. 6. That the provisions of this act shall not apply to any person while under the political disabilities imposed by the fourteenth amendment to the Constitution of the United States. Sec. 2. Rates of certain soldiers of Mexican War increased Act Jan. 5, 1893, Vol. 27, p. from $8 to $12 per month.-That the Secretary of the Interior 413. be, and he is hereby, authorized to increase the pension of every pensioner who is now on the rolls at eight dollars per month on account of services in the Mexican War and who is wholly disabled for manual labor, and is in such destitute circumstances that eight dollars per month are insufficient to provide him the necessaries of life, to twelve dollars per month. Sec. 3. Survivors' rates increased, if disabled and destitute.-- Act Apr. 23, 1900, Vol. 31, p. That the benefits of the act entitled "An act granting increase 137. of pension to soldiers of the Mexican War in certain cases," approved January fifth, eighteen hundred and ninety-three, be, and they are hereby, extended to all survivors of the Mexican War who are pensionable under existing Mexican War service pension laws, and who have become or may hereafter become wholly disabled for manual labor and in such destitute circumstances that eight dollars per month are insufficient to provide them the necessaries of life, irrespective of the date of the granting of the said service pension. Act Mar. 3, 1903, Vol. 32, p. 1228. Act May 11, 112. Sec. 4. Survivors' rates increased to $12.-That the Secretary of the Interior be, and he is hereby, authorized and directed to place on the pension roll, at the rate of twelve dollars per month, all Mexican War survivors now on the roll, or who may hereafter be placed on the roll, under the acts of January twenty-ninth, eighteen hundred and eighty-seven, March third, eighteen hundred and ninety-one, and February fifth, eighteen hundred and ninety-seven. Note.-Acts Mar. 2, 1889, July 27, 1892, and Mar. 2, 1895, relieved certain persons who served in the Mexican War from the charge of desertion. Sec. 5. Service pension of $30 per month.-That any person 1912, Vol. 37, p. who has served sixty days or more in the military or naval service of the United States in the war with Mexico and has been honorably discharged therefrom, shall, upon making like proof of such service, be entitled to receive a pension of thirty dollars per month. Act Mar. 3, 1418. Sec. 6. Powell's Battalion. That the Secretary of the Interior 1891, Vol. 26, p. be, and he is hereby, authorized and directed to place on the pension roll the names of all of the honorably discharged surviving officers and enlisted men of Powell's Battalion of Missouri Mounted Volunteers, raised under the act of Congress of May thirteenth, eighteen hundred and forty-six, for service during the war with Mexico; and the names of the surviving widows of such officers and enlisted men, subject to the limitations and regulations of the pension laws of the United States for pensioning the survivors of the war with Mexico. Act Feb. 17, 1897, Vol. 29, p. 805. Act May 1, 1920, sec. 4, Vol. 41, p. 585. Sec. 7. Gray's Battalion.-That the Secretary of the Interior be, and he is hereby, authorized and directed to place on the pension roll the names of all of the honorably discharged surviving officers and enlisted men of Gray's Battalion of Arkansas Volunteers, raised under the act of Congress of May thirteenth, eighteen hundred and forty-six, for service during the war with Mexico; and the names of surviving widows of such officers and enlisted men, subject to the limitations and regulations of the pension laws of the United States for pensioning the survivors of the war with Mexico. * * * Sec. 8. Widows' rate $30, War 1812 and War with Mexico.And provided further, That the rate of pension for the widow of any person who served in the Army, Navy, or Marine Corps of the United States in the War of 1812, or for sixty days or more in the war with Mexico, on the coasts or frontier thereof, or en route thereto during the war with that nation, and was honorably discharged therefrom, shall be $30 per month. Note. The act of Feb 6, 1907, grants pension on account of age and service of sixty days in the war with Mexico (see p. 42). The act of Mar. 4, 1907, extends these provisions (see p. 43). The act of May 1, 1920, increases the rate to $50 for survivors, and $72 if helpless or blind (see p. 47). Section 1. Certain Indian wars from 1832 to 1842.-That the Act July 27, 1892, Vol. 27, p. Secretary of the Interior be, and he is hereby, authorized and 281. directed to place on the pension roll the names of the surviving officers and enlisted men, including marines, militia, and volunteers of the military and naval service of the United States, who served for thirty days in the Black Hawk war, the Creek war, the Cherokee disturbances, or the Florida war with the Seminole Indians, embracing a period from eighteen hundered and thirtytwo to eighteen hundred and forty-two, inclusive, and were honorably discharged, and such other officers, soldiers, and sailors as may have been personally named in any resolution of Congress, for any specific service in said Indian wars, although their term of service may have been less than thirty days, and the surviving widows of such officers and enlisted men: Provided, That such widows have not remarried: Provided further, That this act shall not apply to any person not a citizen of the United States. SEC. 2. That pensions under this act shall be at the rate of eight dollars per month, and payable from and after the passage of this act, for and during the natural lives of the persons entitled thereto. SEC. 3. That before the name of any person shall be placed on the pension roll under this act, proof shall be made, under such rules and regulations as the Secretary of the Interior may prescribe, of the right of the applicant to a pension; and any person who shall falsely and corruptly take any oath required under this act shall be deemed guilty of perjury; and the Secretary of the Interior shall cause to be stricken from the pension roll the name of any person whenever it shall be made to appear by proof satisfactory to him that such name was put upon such roll through false and fraudulent representations, and that such person is not entitled to a pension under this act. The loss of the certificate of discharge shall not deprive any person of the benefits of this act, but other evidence of service performed and of an honorable discharge may be deemed sufficient. SEC. 4. That this act shall not apply to any person who is receiving a pension at the rate of eight dollars per month or more, nor to any person receiving a pension of less than eight dollars per month, except for the difference between the pension Proof of service. |